D.C. Mun. Regs. tit. 6, r. 6-A805

Current through Register 71, No. 45, November 7, 2024

Rule 6-A805 - CUSTODY AND NOTICE REGARDING PROPERTY IN POLICE POSSESSION PURSUANT TO sections 408 THROUGH 424 OF THE REVISED STATUTES OF THE DISTRICT OF COLUMBIA, D.C. OFFICIAL CODE section 5-119.01 (2001) ET SEQ., AND THE D.C. UNIFORM CONTROLLED SUBSTANCES ACT, D.C. OFFICIAL CODE section 48-901.02 (2001)

805.1

The Property Clerk shall be the custodian of all property seized by or coming into the possession of the Metropolitan Police Department.

805.2

Each law enforcement officer shall include in a PD 81 relating to property seized pursuant to law a statement of the evidence showing that the property is subject to seizure.

805.3

When the Property Clerk determines that property other than controlled substances is subject to forfeiture, the Property Clerk shall, when appropriate:

(a) By publication once a week for two (2) successive weeks in a local newspaper of general circulation, give notice of the seizure or custody of the property and the Property Clerk's intention to forfeit and sell or otherwise dispose of the property; and

(b) Provide written notice of the seizure or custody and information on the procedures for claiming the property, including any requirement for a bond and a preliminary determination as to the amount of the bond, to each person or entity who is known or in the exercise of reasonable care should be known by the Property Clerk to have a right of claim to the property.

805.4

The Property Clerk shall send the notice required by § 805.3(b) by registered or certified mail, return receipt requested, to the last known or discoverable address of each claimant.

D.C. Mun. Regs. tit. 6, r. 6-A805

Final Rulemaking published at 38 DCR 1227 (February 22, 1991)

AUTHORITY: Unless otherwise provided, the authority for sections 805 through 810 is pursuant to Mayor's Order's 89-170 and 90-71 in accordance with D.C. Official Code § 5-119.01 (2001) et seq. and D.C. Official Code § 48-901.02 (2001).